A. To provide for the timely public review, and procedures for residential development in the rural areas of the county;

B. To insure the protection and preservation of the public health, safety and welfare;

C. To encourage an appropriate use of the land;

D. To provide for those services as outlined in Chapter 58.17 RCW including, but not limited to, safety from fire; adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote the coordinated development of unbuilt areas; to conserve, preserve, and restore natural resources; insure that adequate provisions are made for parks, recreation and open space, schools, drainage, water, sewage disposal, garbage, transportation and other public services required for the public well-being;

E. To provide for the development of land in accordance with the Cowlitz County Comprehensive Plan, specifically those areas defined as rural residential;

A. These regulations apply specifically to those areas classified as rural residential in the Cowlitz County Comprehensive Plan and/or the Zoning Code.

B. The regulations contained in this chapter shall apply to the division or redivision of land into five or more lots, tracts, parcels or sites, any one of which is less than five acres in area, for the purpose of sale, lease or transfer of ownership, except as provided in CCC 18.50.050. [Ord. 98-008, § 5, 1-20-98; Ord. 80-154, § 3, 5-19-80.]

For the purpose of this chapter, the following terms shall be defined as follows: All other words shall retain customary meanings.

“Access” means the right to ingress and egress from a public road vested in the owner or lessee of the land which adjoins a road or other highway.

“Administrator” means Director of the Department of Building and Planning.

“Block” means a parcel of land bounded by streets, railroad right-of-way, waterways, parks, unsubdivided acreage or a combination thereof.

“Board” means Board of County Commissioners.

“Boundary line adjustment” means a change in the location of lot lines within existing subdivisions or short subdivisions which does not result in an increase in the number of lots contained therein.

“Building site” means a parcel of land occupied or intended to be occupied by one main building and its accessory buildings, together with all other required yards, open space and setbacks.

“Commission” means Cowlitz County Planning Commission.

“Comprehensive Plan” means a coordinated plan for the physical development of the county, designating among other things, elements and programs to encourage the appropriate use of the land to lessen congestion throughout the county in the interest of public health, safety and welfare and promote efficiency and economy. For the purposes of this chapter, the Comprehensive Plan is the text and map as adopted by the Board and thereafter amended.

“County” means Cowlitz County, Washington.

“Day” means day(s) that the office of the Administrator is open for business, unless otherwise specified.

“Dedication” means the deliberate appropriation of land by an owner for any general or public uses reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

“Department” means the Department of Building and Planning.

“Difficult development land” means land which the Administrator has found to be environmentally sensitive or unsuitable for subdivision due to the flooding, poor drainage, steep slopes, slide areas or potential slide areas, rock and soil foundations, or other features likely to be harmful to the safety and general health of the future residents and adjacent landowners.

“Divisions of land” means any conveyance not otherwise exempt or provided for in this chapter which alters the legal description of any lot or parcel that was segregated and recorded prior to the effective date of the ordinance codified in this chapter.

“Easement” means a written grant by property owner to specific individuals, corporations or to the public or its agencies to use his land for specific purposes.

“Engineer” means the Director of Public Works or his designee.

“Final plat” means an accurate map or representation of the subdivision showing lots, blocks, streets, alleys and other divisions and dedications prepared for filing for record with the County Auditor.

“Frontage” means property on the fronting street or extent of property along a road or street.

“Homeowners’ association” means the grouping or uniting of persons residing within a defined area into an incorporated entity with a charter for the protection of a common enterprise.

“Land surveyor” shall be defined by the Engineers and Land Surveyors Act as it now exists or is hereafter amended.

“Lot” means a fractional part of subdivided lands having fixed boundaries, and being of sufficient area and dimensions to meet current minimum zoning and Comprehensive Plan requirements for width and area. The term shall include tracts, parcels or sites.

“Master plan” means the map, sketch or other presentation filed with the Planning Commission showing the ultimate development pattern of a parcel of property that is to be developed in successive stages or subdivisions. The plan need not be completely engineered but shall be of sufficient detail to illustrate the property’s inherent features and probable development pattern. The master plan will therefore be used as a guide in each successive stage of development until its completion.

“Open record hearing” means a hearing conducted by a single hearing body or officer authorized by the local government to conduct such hearings that creates the local government’s record through testimony and submission of evidence and information.

“Owner” means any person who has property rights as a fee owner, contract purchaser or mortgagee, or, who controls a deed of trust as a beneficiary or grantor if such interest controls disposition of property.

“Person” means an individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture. The word “persons” shall also include a municipality, county or state agency.

“Preliminary plat” means a neat and approximate drawing of the proposed layout of streets, blocks, lots and other elements of the plat or subdivision which shall furnish a basis for the Planning Commission’s approval or disapproval of the general layout of the plat or subdivision.

“Private road” means a roadway intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its establishment.

“Protective covenants” means an agreement which binds a landowner and his successors in interest to do or refrain from doing certain acts with relation to the property which is the subject of such agreement.

“Public road” means a highway or roadway established and adopted by the proper authorities for the use of the general public and over which every person has a right to pass and use for all purposes of travel or transportation for which it is adopted and developed.

“Right-of-way” is a general term denoting land, property or interest therein, usually reserved for transportation, or utility purposes.

“Road” means the improved and maintained portion of a right-of-way which provides vehicular circulation or principal means of access to abutting properties.

“Rural subdivision” means a subdivision that occurs within the county’s rural areas as defined within the county’s adopted Comprehensive Plan or Zoning Code, and described as rural residential.

“State Environmental Policy Act (SEPA)” is as defined in Chapter 43.21C RCW as it now exists or as hereafter amended.

“Street” means a road of usually limited continuity which serves primarily to provide access to abutting property.

“Subdivider” means any person, firm or corporation undertaking the subdividing or resubdividing of any parcel of land.

“Subdivision” means a division of land, for the purpose of sale, lease or transfer of ownership, into five or more lots, tracts, parcels, sites or divisions where any one of such lots, tracts, parcels, sites or divisions is less than five acres in size and shall include all resubdivision of land. [Ord. 96-064, § 1, 4-15-96; Ord. 80-154, § 4, 5-19-80.]

A. Informal Review. Before making application for a rural subdivision, the applicant may arrange to have the proposal reviewed informally by submitting one copy of the proposal to the administrator for presubmission conference.

B. Preliminary Application. The preliminary application shall be on a form provided by the Administrator and shall contain the following information:

1. Proposed name of subdivision;

2. The name, address and telephone number of the owner;

3. The name, address and telephone number of the developer, if different from owner;

4. The existing zoning classifications, or Comprehensive Plan classification if area is unzoned;

5. The proposed method of sewage disposal, and, if public sewer is used, the name of the district or purveyor having management over the system;

6. The proposed method of water supply, and, if a public system is used, the name of the purveyor;

7. Signature(s) of owner(s) and developer(s).

C. Preliminary Plat. A map shall accompany the application prepared on a sheet of paper having dimensions of eight and one-half inches by 24 inches and containing the following information:

1. The date, scale and north arrow; the scale to be one inch equals 100 feet or one inch equals 200 feet, or other scale as may be approved;

2. The distances of the boundary lines, to scale, of the tract to be subdivided and each lot contained therein;

3. The number assigned to each lot;

4. The location, names, widths and auditor’s file number of any existing easements, existing and proposed roads, existing and proposed rights-of-way for public services or utilities within the rural subdivision, and within 100 feet thereof, and location of the nearest public road, if there is not a public road within 100 feet;

5. The boundaries of all lands reserved in the deeds for the common uses of the property owners of the rural subdivision;

6. The location of permanent and topographic features which will have an impact upon the rural subdivision, such as all existing or platted streets adjacent to the rural subdivision, watercourses, railroad rights-of-way, all utility rights-of-way, township lines and section lines. Contour information may also be required;

7. A vicinity sketch clearly identifying the location of the property being subdivided, the sketch having a scale of not less than three inches to the mile.

D. Preliminary Supporting Documents.

1. An environmental checklist;

2. Copies of restrictions, covenants and agreements, if any, proposed and/or existing upon the use of the land. Such restrictions, if required by the county, must be recorded either prior to or simultaneously with the recording of the final plat;

3. An Assessor’s or similar map showing:

a. All the adjacent property in which the subdivider has an interest,

b. All properties abutting those listed in C-1,

c. A master plan of the site,

d. A logical extension of roads and utilities that will bring services to the proposed subdivision and/or deliver services to the adjacent properties. [Ord. 80-154, § 6, 5-19-80.]

Fees and charges for processing preliminary and final plats, checking and approving plans and specifications, performing inspections, holding hearings, recording final plats, and other administrative actions under this chapter shall be as from time to time established by resolution of the Board. [Ord. 87-015, § 6, 2-2-87; Ord. 80-154, 5-19-80.]

1. Lot Size. The minimum size of any lot within the proposed large lot subdivision shall be in conformance with the Cowlitz County Zoning Code, shall conform to the minimum lot size specified in the Zoning Code, or such larger size as specified by state health regulations.

In unzoned areas of the county, the minimum lot size within a rural subdivision shall be either the recommended density set forth in and as designated by the County Comprehensive Plan for that area or such size as is required to meet state water and sewage disposal standards, whichever is greater.

2. Easements. Easements shall be provided where necessary for road, utility installation and maintenance, public access, drainage, and buffer strip or protective easements.

3. Master Plan. A generalized plan for the entire ownership shall be required to show that the road pattern and general arrangement for the rural subdivision can be coordinated with the entire tract when fully developed. Topographic information may be required.

4. Surveys.

a. Surveys shall be required for all rural subdivisions; provided, that the Engineer may waive this requirement if there is sufficient survey data and monumentation, which means that all of the exterior boundaries are included in a previous survey unless a boundary is controlled by a physical barrier such as a river, and that at least two corners are monumented.

b. Monuments and Markers. If all the property has been surveyed, all permanent markers within the rural subdivision shall be located and described, and all controlling corners of the boundaries of the rural subdivision shall be marked by a three-fourths-inch galvanized iron pipe or approved equivalent driven flush with the ground. All markers set shall be marked with the land surveyor’s registration number. All monuments and markers shall be shown on the face of the final plat.

5. Access. Each lot within a rural subdivision shall be provided with satisfactory access by means of a public or private right-of-way connecting to an existing and developed public street, or by some other legally sufficient right-of-access, inseparable from the lot to be served.

6. Lot Width. The minimum lot width shall be as set forth in the County Zoning Code for those zoned portions of the county. All rural subdivisions locating in unzoned areas of the county shall be consistent with the lot widths recommended by the County Comprehensive Plan or required by health regulations, whichever is greater.

7. All rural subdivisions shall comply with the minimum requirements of the Washington State Uniform Fire Code or such fire protection as adopted by the Board.

8. Difficult Development Land. Difficult development land shall not be subdivided unless the subdivider, within 90 calendar days following the original submission, provides acceptable plans for overcoming any harmful features. Reasonable conditions may be applied to rural subdivision approval to minimize harmful environmental conditions pertinent to the property.

9. Sewage Disposal. Where sanitary sewers are not available, each lot shall contain adequate area and proper soil and topographical drainage conditions to be served by an on-site sewage disposal system or shall be suitable for an alternative sanitary waste disposal system that meets state health regulations.

B. Standards applicable to all rural subdivision private roads are as follows:

1. Any right-of-way or road surface not open to general public use shall be retained as a privately owned and privately maintained road.

2. The face of any rural plat containing a private road shall bear the following language:

WARNING, Cowlitz County has no responsibility to build, improve, or maintain the private roads contained within or providing services to the property described in this plat nor to otherwise service such private roads.

3. Privately owned roads shall be open for necessary public use.

4. Private road right-of-way widths and improvements shall meet county standards as approved and adopted by the Department of Public Works.

5. Building line minimum setbacks shall be 25 feet from the nearest right-of-way line or 55 feet from the centerline of the right-of-way, whichever is greater.

6. A private maintenance agreement shall be required. The agreement shall list all of the private streets, easements, community utilities, and common properties to be maintained by the owners and shall provide for their maintenance. The agreement shall also provide for a minimum maintenance standard that insures that all items on the list can at all times be used for the function for which they were intended. In order to insure the continued good repair, it must be demonstrated to the Commission prior to the recording of the subdivision that:

a. There is a workable organization such as a homeowners’ association, to guarantee maintenance with a committee or group to administer the organizational functions;

b. There is a means for assessing maintenance costs equitable to property owners served by the private streets, easements, community utilities and properties;

c. If at some future date it becomes feasible for the roads to become county roads, assurance shall be given that the roads will be brought up to county standards prior to the county’s acceptance for maintenance and operation.

C. Standards applicable to all rural subdivisions along public roads are as follows:

1. Dedication or deeding or granting of an easement to the county of such right-of-way as may be consistent with adopted county standards for public roads, or a portion thereof, shall be required within or along the boundaries of any lot(s) within the plat, under one or more of the following circumstances:

a. Where the Department of Public Works’ six-year road improvement plan indicates the necessity of a new right-of-way or portion thereof for road purposes;

b. Where there is less than one-half of the standard right-of-way from the centerline of the right-of-way to the property line;

c. Where necessary to extend or complete the existing road;

d. When necessary to develop better traffic circulation in the community or neighborhood.

2. Public road improvements, consistent with adopted county or state standards and specifications for public streets, shall be required when new public right-of-way is deeded or dedicated.

A. The Director of the Department of Building and Planning shall serve as the Administrator with the responsibility and duty of administering the provisions of this chapter. The Administrator shall prepare and require the use of such forms as deemed essential to the implementation of this chapter.

B. Procedure – Application. Any person desiring to divide land situated in an unincorporated area of Cowlitz County, under the provisions of this chapter shall submit a preliminary application for rural subdivision review to the Administrator together with an application fee.

C. Procedure of Rural Subdivision Application. When the Administrator determines that the proposed rural subdivision application contains the required information and data as a basis for its approval or disapproval, a file number and a date of receipt shall be affixed to copies of the rural subdivision application and shall be distributed to the following:

1. Health Officer;

2. Engineer;

3. Cowlitz County Communication Center;

4. Fire District and/or Fire Marshal;

5. Public Utility District;

6. Any city within one mile of the proposed plat;

7. Any purveyor that is to supply utilities;

8. State Department of Transportation when state right-of-way is adjacent to the proposed plat, and/or when the proposed plat is within two miles of a state or municipal airport;

9. School District;

10. Any federal, state and local agency which may have an interest in the rural plat as determined by the Administrator.

D. The Administrator shall set a date for return of findings and recommendations from each agency, the date to be 10 working days from the date of the application.

A. The Health Officer or his designee shall notify the Administrator that:

1. The sanitary sewerage disposal methods contemplated for use in the proposed rural subdivision do or do not conform with current standards;

2. The feasibility of a potable water supply has or has not been demonstrated; or, if a public water supply is available, the name and approval of the supplier has been provided.

B. The Engineer shall notify the Administrator that:

1. The proposed road, utilities and other improvements do or do not conform to adopted standards;

2. Access to the boundary of all rural subdivisions will or will not be provided by an opened, constructed and maintained public road, except that access to the boundary of a rural subdivision by a private road may be permitted where such private roads are otherwise permitted by this title;

3. That the legal description or survey does or does not conform to the standard practice and principles of land surveying.

C. All agencies listed in CCC 18.50.080(C) shall notify the Administrator of their concerns and make recommendations. This includes the identification of difficult development land.

D. The appropriate fire district or fire marshal shall inform the Administrator of any concerns on fire flows and egress and ingress of emergency vehicles. [Ord. 80-154, § 9, 5-19-80.]

The Administrator shall review the reports and comments of the Health Department, Engineer, Fire District, and other affected agencies pursuant to CCC 18.50.080, and shall make recommendations to the Planning Commission to grant, condition or deny the rural subdivision, taking into consideration the following:

A. Whether it is in conformance with the general purposes, standards and requirements of the Cowlitz County Comprehensive Plan, Zoning Code, environmental policy code, and any other applicable laws and county policies;

B. Whether appropriate provisions have been met as required by the reviewing agencies;

C. The physical characteristics of the rural subdivision site. The plat may be disapproved or conditioned because of difficult development land. Construction of protective improvements may be required as a condition of approval;

D. Whether appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features;

E. Whether the public interest will be served by the subdivision and dedication (if applicable);

F. Whether all standards for improvements as required by this chapter or as conditions for approval of the rural subdivision have been met;

G. If the subdivision is located in a critical area, as defined by state law or local regulations, the 60-day period may be extended to provide the applicant with sufficient time to comply with SEPA. [Ord. 16-040 § 5, 3-15-16.]

Following public notice pursuant to CCC 18.32.500 through 18.32.530, the Commission shall consider all relevant evidence at an open record public hearing. Any hearing may be continued by the Commission, within the limits allowed by law. The Commission shall review the preliminary subdivision as follows:

A. To determine conformance of the proposed subdivision to the general purposes of this title, and Comprehensive Plan, zoning standards, specifications and policies of the county;

B. To inquire into the public use and interest proposed to be served by the subdivision and/or dedication. [Ord. 96-064, § 13, 4-15-96.]

A. The Planning Commission’s recommendation for approval or conditional approval or denial of the preliminary plat shall be forwarded to the Board of County Commissioners within 14 calendar days following the Planning Commission action.

B. Upon receipt of the recommendations on any preliminary plat, the Board shall, at its next public meeting, set the date for the public meeting where it shall consider the recommendations of the Planning Commission and may adopt, modify or reject the Commission’s recommendations. If, after considering the matter at a public meeting, the Board deems a change in the Commission’s recommendations approving or disapproving any preliminary plat is necessary, the Board shall adopt its own recommendations and approve or disapprove the preliminary plat.

C. The Board of County Commissioners may continue the meeting if more information is needed.

D. The Board shall approve, conditionally approve or deny the rural subdivision based on RCW 58.17.110 as follows: The Board shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to: the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, or other public ways, water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features. It shall consider zoning, the Comprehensive Plan and all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provisions for the public health, safety and general welfare and for such open spaces, drainage ways, streets, alleys, or other public ways, water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and consideration of sidewalks and planning features, and that the public use and interest will be served by the platting of such subdivision, and that it conforms with zoning and/or the Comprehensive Plan, then it shall be approved.

E. If it finds that the proposed plat does not make such appropriate provisions or that the public interest will not be served, then the Board may disapprove the proposed plat.

F. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat.

G. The Board shall make findings of fact related to subsections D through F of this section and inform the applicant of these findings.

H. Approval of the preliminary subdivision will be effective for five years from the date of approval by the Board, during which time a final subdivision may be prepared. The Administrator may extend the approval period for not more than one additional year. Request for extension of approval time shall be submitted in writing, 30 days prior to the approval period lapsing. The Board may also require that the subdivision be resubmitted or remanded to the Planning Commission at any time after the five-year time period. [Ord. 16-040 § 7, 3-15-16.]

A. Final Plat. The final plat shall be drawn in black ink on a sheet of mylar or paper, 18 inches by 24 inches, or approved substitute, and on a Standard Recorders Plat sheet, 18 inches by 25 inches, with a three-inch hinged binding on the left border, and shall contain the information, certificates, and statements required by this chapter. The plat scale may range from 50 feet to the inch to 200 feet to the inch. If more than one sheet is required, the sheets shall be numbered and indexed. The plat shall contain, but not be limited to, the following:

1. Name of the subdivision;

2. Date, scale, north arrow and basis of bearing;

3. The bearings and distances of the boundary lines of the tract to be subdivided and of each lot contained therein drawn to scale;

4. Lot number and area of each lot;

5. Location, name, width, and nature of existing and proposed roads, rights-of-way, easements and the access to any public roads, private roads and utility easements shall be labeled as such;

7. A plat containing a private road shall bear the following language:

WARNING, Cowlitz County has no responsibility to build, improve, or maintain the private roads contained within or providing services to the property described in this plat nor to otherwise service such private roads.

8. All final plats shall bear the following statement:

Land within a rural subdivision shall not be further divided unless a replat is filed pursuant to Cowlitz County Subdivision Code and RCW 58.17.

9. When surveyed, the final plat shall be signed and sealed by a registered land surveyor, and shall contain the following:

SURVEYOR’S CERTIFICATE: This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of ________________ (Signed and sealed) in _________, 20___.

____________________Surveyor

Certificate No._____________:

10. Auditor’s certificate as follows:

Filed for record this ___ day of _________, 20__, at ___ M., in book _______, of _________, at page _____, at the request of ______________.

Signed __________________ County Auditor

Signed __________________Deputy

11. Dedication, Acknowledgement, and Endorsement. A full and correct legal description of the subdivided tract and the following information shall appear in the following sequences on the final plat, lettered in ink either by hand or mechanical device:

Let it be known that _________, the undersigned _________ owner(s) in fee simple _________ of the land hereby subdivided, hereby declare this subdivision and dedicate(s) to the use of the public forever, all streets and easements or whatever public property there is shown on the plat and the use thereof for any and all public purposes; also, the right to make all necessary slopes for cuts or fills upon the lots, blocks, tracts, etc., shown on this plat in the reasonable original grading of all streets, shown hereon.

In WITNESS WHEREOF, we have hereunto set our hand(s) and seal(s) this ____ day of ______________, 20_______.

Signed and sealed _____________ ____________________________

STATE OF WASHINGTON )

) ss.

COUNTY OF COWLITZ )

12. Notary Public – Certificate and Stamp.

THIS IS TO CERTIFY THAT on this _____ day of ______________, 20___, before me, the undersigned, Notary Public, personally appeared ______________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that __________ signed and sealed the same as ____________ free and voluntary act and deed for the uses and purposes therein mentioned.

WITNESS my hand and official seal the day and year last above written.

________________________________ NOTARY PUBLIC in and for the State of WASHINGTON, residing at_______________________

B. Engineer. The following shall meet the approval of the Engineer:

1. The layout of streets, alleys and other rights-of-way;

2. Design of bridges, sewage and water systems, and other structures;

3. The location of control survey monuments, ensuring that there is a controlled monument at each and every controlling corner of the boundaries of the parcel being subdivided.

C. Treasurer’s Office. The Treasurer’s Office shall provide a certificate that all taxes and delinquent assessment for which the property may be liable as of the date of the certification have been duly paid, satisfied, or discharged.

D. The Administrator shall certify that the conditions of preliminary approval have been accomplished.

E. Survey Requirements.

1. The plat shall be prepared under the supervision of a registered land surveyor.

2. A complete survey of the section or sections in which the plat or replat is located, or as much thereof, as may be necessary to properly orient the plat within such section(s).

3. The plat and section survey shall be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet.

F. Title Report. Any plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the land as described and shown on said plat is in the name of the owner signing the dedication certificate. [Ord. 16-113 § 5, 9-20-16; Ord. 80-154, § 14, 5-19-80.]

A. All documents, maps, and survey books shall contain the name of the subdivision, the subdivider and the name and number of the registered land surveyor. All signatures placed on the final plat shall be original signatures.

B. The mylar of the final plat shall be filed in the Engineer’s office and be the property of Cowlitz County, and the recorders’ plat map sheet shall be filed with the Auditor.

C. If the subdivision contains facilities that are to be improved, constructed or installed prior to the approval of the final plat, the Board may accept a bond in an amount and with surety and conditions satisfactory to it. Such bond will secure to the county the actual construction and installation of such improvements and contain a specified time for their completion.

D. The Board may also require security for the operation of dedicated improvements for up to two years after final approval. [Ord. 80-154, § 15, 5-19-80.]

A. No person shall divide real property subject to the provisions of this rural subdivision ordinance for the purpose of sale, lease, transfer of ownership without full compliance with the provisions of this chapter. All development permits for the improvement of any parcel which is subject to provisions of this chapter shall be withheld until the provisions of this chapter are met.

B. The Administrator may revoke county development permits on parcels subject to this chapter which have been divided without full compliance with the provisions of this chapter.

C. The County Treasurer shall refuse to accept excise tax payment for any parcel of real property that has not been approved by the Administrator pursuant to this title.

D. Exception of Innocent Purchaser for Value. An application for building permit, septic tank permit, or other development permit for any land divided in violation of state law or this chapter shall not be granted without prior approval of the Board. Such approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the Board that:

1. The applicant purchased the lot, tract, or parcel for value; and

2. The applicant did not know, and could not have known by the exercise of care, which a reasonable purchaser would have used in purchasing land, that the lot, tract or parcel had been part of a larger lot, tract or parcel divided in violation of the state law or this chapter; and

3. The public interest will not be adversely affected by the issuance of such permit. [Ord. 80-154, § 16, 5-19-80.]

A. A request for exception for innocent purchaser for value shall be filed with a notarized affidavit attesting to and demonstrating the following:

1. The applicant purchased the lot, tract, or parcel for market value, not reflecting the illegal division; and

2. The applicant did not know, and could not have known by the exercise of care, which a reasonable purchaser would have used in purchasing land, that the lot, tract or parcel had been part of a larger lot, tract or parcel divided in violation of the state law or this chapter.

B. An exception for innocent purchaser shall be granted to an individual person or entity only once. If more than one lot, tract or parcel is involved in the request, the review shall be discretionary as provided in subsection D of this section.

C. Mandatory Approval. The Director shall determine that parcels meeting the following criteria are lots of record:

a. Improvements or conditions of approval which would have been imposed if the parcel had been established through platting are already present or completed; or

b. The property owner completes conditions of approval such as, but not limited to, road, sidewalk, stormwater improvements, etc., which the Director determines would otherwise have been imposed if the parcel had been established through platting under current standards. Permits and fees may be required for subject improvements.

3. Public Interest. Public health, safety and welfare will not be adversely affected by the granting of an exception for innocent purchaser. This may include certification that the proposed means of sewage disposal and water supply to the property is adequate, and/or that there is adequate access.

D. Discretionary Approval. The Director may, but is not obligated to, determine that parcels meeting the following are lots of record:

1. Zoning/Comprehensive Plan. The parcel lacks sufficient area or dimension to meet current requirements, such as lot size, dimensions, frontage, etc.

2. Compatibility. The parcel size is general consistent with surrounding lots of record within 1,000 feet, or appropriate mitigation can be provided to offset impacts to neighborhood character.

3. Platting.

a. Improvements or conditions of approval which would have been imposed if the parcel had been established through platting are already present or completed; or

b. The property owner completes conditions of approval such as, but not limited to, road, sidewalk, stormwater improvements, etc., which the Director determines would otherwise have been imposed if the parcel had been established through platting under current standards. Permits and fees may be required for subject improvements.

4. Public Interest. Public health, safety and welfare will not be adversely affected by the granting of an exception for innocent purchaser. This may include certification that the proposed means of sewage disposal and water supply to the property is adequate, and/or that there is adequate access.

E. All substandard contiguous lots created in violation of this chapter which are under the same ownership at the time of application for an exception for innocent purchaser shall be recognized only as a single lot. If an exception for innocent purchaser is granted, a new legal description shall be recorded reflecting the newly combined lot. [Ord. 16-114 § 7, 9-20-16.]

A. Except as provided in CCC 18.50.160, all purchasers or transferees of property divided in violation of this chapter shall comply with provisions of this chapter. Each purchaser and transferee may recover his damages from any person, firm, corporation, or agent selling or transferring land in violation of this chapter. This may include any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter, as well as the cost of investigations, suit, and reasonable attorneys’ fees occasioned thereby.

B. Such purchaser or transferee may, as an alternative to conforming to these requirements, rescind the sale or transfer and recover the costs of investigation, suit, and reasonable attorneys’ fees occasioned thereby. [Ord. 80-154, § 17, 5-19-80.]

The Auditor shall refuse to accept for filing any plat which does not bear the Administrator’s certificate of approval. Should a rural plat be filed without such a certificate, the Prosecuting Attorney shall apply for a writ of mandamus on behalf of the Administrator, directing the Auditor to remove the unapproved plat from the Auditor’s files. [Ord. 80-154, § 19, 5-19-80.]

It is recognized that in some cases pertaining to particular plats, circumstances may justify the granting of waivers from the standards of this chapter. Petitioners for waivers shall describe fully the specific waiver sought and the grounds for the application, and shall bear the burden of proof that approval of such application conforms to the standards of CCC 18.50.195. The Planning Commission shall develop separate recommendations on waiver applications and forward them to the Board along with the recommendation on the preliminary plat. The Commission’s recommendation and the Board’s action may be for a lesser degree of variance from a standard then sought by the applicant, and may include conditions. [Ord. 96-064, § 15, 4-15-96.]

It is a civil infraction for any person to violate this chapter to assist in the violation of this chapter. Violations are subject to the provisions of Chapter 2.06 CCC. Any violation is a public nuisance. Each day a violation exists is a separate violation. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. [Ord. 93-102, § 29, 7-6-93.]

If any section, subsection, or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, or portion thereof shall be deemed a separate provision of this chapter and such holding shall not affect the validity of the remaining portions of this chapter. [Ord. 80-154, § 21, 5-19-80.]